Tuesday, October 3, 2017

HELP FOR THE DEVELOPMENTALLY DISABLED OR MENTALLY-ILL DEFENDANT

Most criminal offenses require the state to prove that the defendant knowingly or intended to commit the crime. But what if the crime is committed by someone who is mentally ill or developmentally disabled?

For example, in the recent Illinois case People v Mayo, the defendant was charged with aggravated criminal sexual abuse. The defendant, however, had suffered a brain injury in infancy and presently had the mental capacity of a 3-year-old and an IQ of 48. Therefore, could the defendant truly form the required intent to commit the crime?

In such cases, Illinois law provides certain procedures. First, the court must determine whether the defendant is mentally fit to stand trial. In the overwhelming majority of cases, the court will determine that the defendant is fit, and the case moves to trial. If the defendant is not fit, the court holds a discharge hearing.

A discharge hearing determines whether a defendant should be acquitted, but not whether a defendant is guilty. If the defendant cannot be acquitted because there is enough evidence of guilt, the court may find the defendant “not not guilty.” The defendant is then subject to one to five years of treatment, depending on the offense. If the defendant is still unfit after the treatment ends, the court may involuntarily commit the defendant for further treatment. The commitment, however, cannot exceed the maximum sentence prescribed under the original criminal charge.

If a defendant is fit to stand trial, the defendant may seek a verdict of “not guilty by reason of insanity.” Under these circumstances, a defendant must show that as a result of mental disease or defect, he or she lacked substantial capacity to appreciate the criminality of his or her conduct. The court must first enter a verdict of guilty, then find the defendant not guilty by reason of insanity. (See our related post The Insanity Defense in Illinois.

If you have a friend or relative charged with a crime who suffers from a mental disability or illness, contact an experienced attorney immediately. An attorney can help present evidence of your loved one’s difficulties in their most favorable light. Often, a mental capacity defense will require expert testimony. An attorney can help select and prepare these experts.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
Se habla espanol.
CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.